LAWS OF MALAYSIA · 2020. 9. 29. · Peguam Syarie . 6 Laws of Malaysia A KTA 505 P ART VI...

LAWS OF MALAYSIA

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Act 505

ADMINISTRATION OF ISLAMIC

LAW (FEDERAL TERRITORIES)

ACT 1993

As at 1 January 2013

2

ADMINISTRATION OF ISLAMIC LAW

(FEDERAL TERRITORIES) ACT 1993

Date of Royal Assent … … … … … … … 7 July 1993

Date of publication in the Gazette … … … 15 July 1993

Latest amendment made

by P.U.(A) 250/2002 which came

into operation on … … … … … … … … … 1 February 2001

PREVIOUS REPRINTS

First Reprint … … … … … … … … … … 2002

Second Reprint … … … … … … … … … 2006

3

LAWS OF MALAYSIA

Act 505



ARRANGEMENT OF SECTION

PART I

PRELIMINARY

Section

1. Short title, application and commencement

2. Interpretation

3. Saving of prerogative

PART II

THE MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN

4. Establishment of the Majlis

5. Legal identity and powers of the Majlis

6. Committees

7. Duty of the Majlis for socio-economic development of Muslims

8. Powers to establish corporations

8A. Power to establish companies and validation of companies established

9. Borrowing powers

10. Membership of the Majlis

11. Termination of appointments

12. Revocation of appointments

13. Appointments to be gazetted

14. Secretary

4 Laws of Malaysia AKTA 505 Section

15. Attendance of non-members at meetings

16. Presiding over meetings

17. Quorum

18. Conduct of business

19. Summoning of meetings

20. Powers of Chairman

21. Duties and powers of Secretary

22. Minutes

23. Order of business and voting

24. Certified copies of resolutions

25. Leave

26. Acting in emergency

27. Delegation of duties and powers

28. Secrecy

29. Public servant

30. Majlis may determine its own procedure

31. Authority of Majlis

PART III

APPOINTMENT OF MUFTI, AUTHORITY IN

RELIGIOUS MATTERS AND THE ISLAMIC LEGAL

CONSULTATIVE COMMITTEE

32. Appointment of Mufti and Deputy Mufti

33. Authority of Mufti

34. Fatwa

35. Form of fatwa

36. Amendment, modification or revocation of fatwa

37. The Islamic Legal Consultative Committee

38. Request for opinion from the Mufti

39. Authorities to be followed

Administration of Islamic Law (Federal Territories) 5

PART IV

SYARIAH COURTS

Section

40. Constitution of Syariah Courts

41. Appointment of Chief Syariah Judge

42. Appointment of Judges of the Syariah Appeal Court

43. Appointment of Judges of the Syariah High Court

44. Appointment of Judges of Syariah Subordinate Courts

45. Registrars

46. Jurisdiction of Syariah High Court

47. Jurisdiction of Syariah Subordinate Court

48. Appeal to Syariah High Court

49. Application for leave to appeal

50. Inheritance certificates

51. Supervisory and revisionary jurisdiction of the Syariah High Court

52. Jurisdiction of Syariah Appeal Court

53. Supervisory and revisionary jurisdiction of the Syariah Appeal Court

54. Composition of the Syariah Appeal Court

55. Decision by majority

56. Continuation of proceedings in Syariah Appeal Court notwithstanding

absence of Judge

57. Appeal rules

PART V

PROSECUTION AND REPRESENTATION

58. Appointment of Syariah Prosecutors and Religious Enforcement Officers

59. Peguam Syarie

6 Laws of Malaysia AKTA 505

PART VI

FINANCIAL

Charitable Trusts

Section

60. Establishment of Baitulmal

61. Wakaf and nazr

62. Vesting

63. Restrictions on creation of charitable trusts

64. Income of wakaf and nazr

65. Capital of wakaf and nazr ‘am

66. Construction of instruments

67. Accounts and annual reports

68. Wakaf and nazr property

69. Estimates

70. Expenses of the Majlis

71. Banks

PART VII

MOSQUES

72. Trusteeship of mosques and related lands

73. Restriction on establishment of mosques

74. Maintenance of mosques and compounds

75. Boundaries of kariah masjid

76. Appointment of the Pegawai Masjid

77. Tauliah

78. Tenure of office of Pegawai Masjid

79. Control and direction over Pegawai Masjid

80. Abolition of office of Nazir

81. The Jawatankuasa Kariah

82. Exemption


Section

83. Power to amend Third Schedule

PART VIII

CHARITABLE COLLECTIONS

84. Charitable collections

PART IX

CONVERSION TO ISLAM

85. Requirements for conversion

86. Moment of conversion

87. Duties and obligations of a muallaf

88. Registrar and Register of Muallafs

89. Registration of Muallafs

90. Certificate of Conversion

91. Recognition of muallafs as Muslims

92. Determining whether non-registered person is a muallaf

93. Offence of giving false information

94. Power to make rules

95. Capacity to convert into Islam

PART X

RELIGIOUS EDUCATION

96. The Religious Teaching Supervisory Committee

97. Religious School

98. Exemption

PART XI

GENERAL

99. Rules

8 Laws of Malaysia AKTA 505 Section

100. Saving of rules and appointments

101. Transitional

102. Amendment of sections 165 and 166 of the Enactment

103. Cessation of application of the Enactment

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

9

LAWS OF MALAYSIA

Act 505



An Act to provide for the Federal Territories a law concerning the

enforcement and administration of Islamic Law, the constitution and

organization of the Syariah Courts, and related matters.

[Federal Territories of Kuala Lumpur

and Labuan—15 October 1993, P.U. (B) 452/1993; *Federal Territory of Putrajaya—1 February 2001,

P.U. (A) 250/2002]

BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan

Agong with the advice and consent of the Dewan Negara and Dewan

Rakyat in Parliament assembled, and by the authority of the same, as

follows:

PART I

PRELIMINARY

Short title, application and commencement

1. (1) This Act may be cited as the Administration of Islamic Law

(Federal Territories) Act 1993 and applies only to the Federal

Territories of Kuala Lumpur and Labuan.

(2) This Act shall come into force on a date to be appointed by the

Yang di-Pertuan Agong by notification in the Gazette.

* NOTE—In its application to the Federal Territory of Putrajaya–see the Federal Territory of Putrajaya

(Extension and Modification of Administration of Islamic Law (Federal Territories) Act 1993) Order 2002 [P.U. (A) 250/2002].


(3) The Yang di-Pertuan Agong may appoint different dates for the

coming into force of different provisions of this Act.

Interpretation

2. (1) In this Act, unless the context otherwise requires—

“anak kariah” means a person who is permanently or habitually

resident in the kariah masjid;

“Chairman” means the Chairman of the Majlis;

“Chief Religious Enforcement Officer” and “Religious Enforcement

Officer” mean the officers appointed as such under subsection 58(4);

“Chief Syariah Judge” means the Chief Syariah Judge appointed

under subsection 41(1);

“Chief Syariah Prosecutor” means an officer appointed under

subsection 58(1);

“Court” or “Syariah Court” means the Syariah Subordinate Court,

the Syariah High Court, or the Syariah Appeal Court, as the case may

be, constituted under section 40;

“Enactment” means the Administration of Muslim Law Enactment

1952 of the State of Selangor [Selangor Enactment 3 of 1952]—

(a) in relation to the Federal Territory of Kuala Lumpur, as modified by the Federal Territory (Modification of

Administration of Muslim Law Enactment) Orders 1974,

1981 and 1988 [P.U. (A) 44/1974, 390/1981, 163/1988,

263/1988] made pursuant to subsection 6(4) of the

Constitution (Amendment) (No. 2) Act 1973 [Act A206]

and in force in the Federal Territory of Kuala Lumpur by

virtue of subsection 6(1) of that Act and Administration of

Muslim Law (Amendment)

Act 1984 [Act A576]; and


(b) in relation to the Federal Territory of Labuan, as modified and extended by the Federal Territory of Labuan

(Modification and Extension of Administration of Muslim

Law Enactment) Order 1985 [P.U. (A) 352/ 1985] made

pursuant to section 7 of the Constitution (Amendment)

(No. 2) Act 1984 [Act A585];

“Federal Territories” means the Federal Territories of Kuala Lumpur

and Labuan;

“Fund” means the Fund known as Baitulmal established under

section 60;

“Imam” means an Imam appointed under subsection 76(3);

“Imam Ratib” means an Imam Ratib appointed under subsection 76(4);

“Islamic Law” means Islamic Law according to any recognized

Mazhab;

“Islamic Legal Consultative Committee” means Islamic Legal

Consultative Committee established under subsection 37(1);

“jawatankuasa kariah” means a jawatankuasa kariah established

under rules made under section 81;

“kariah masjid”, in relation to a mosque, means the area, the

boundaries of which are determined under section 75 in which the

mosque is situated;

“Majlis” means the Majlis Agama Islam Wilayah Persekutuan

established under subsection 4(1);

“Minister” means the Minister charged with responsibility for the

administration of the religion of Islam in the Federal Territories;

“mosque” means a building used for holding Friday and other

prayers and activities enjoined, recommended, or approved by the

religion of Islam, and includes any mosque or surau or madrasah

listed in the Third Schedule;


“Mufti” means the person appointed to be the Mufti for the Federal

Territories under section 32, and includes the Deputy Mufti;

“Muslim” means—

(a) a person who professes the religion of Islam;

(b) a person either or both of whose parents were, at the time of

the person’s birth, Muslims;

(c) a person whose upbringing was conducted on the basis that he was a Muslim;

(d) a person who has converted to Islam in accordance with the requirements of section 85;

(e) a person who is commonly reputed to be a Muslim; or

(f) a person who is shown to have stated, in circumstances in

which he was bound by law to state the truth, that he was a

Muslim, whether the statement be verbal or written;

“nazr” means an expressed vow to do an act or to dedicate property

for any purpose allowed by Islamic Law;

“nazr ‘am” means a nazr intended wholly or in part for the benefit of

the Muslim community generally or any section thereof, as opposed to

an individual or individuals;

“Pegawai Masjid” means the Naqib Masjid, Imam, Imam Ratib,

Bilal and Pembantu Bilal of a mosque;

“Peguam Syarie” means a person appointed a Peguam Syarie under

section 59;

“Pembantu Bilal” means a Pembantu Bilal of a mosque appointed

under subsection 76(4);

“Secretary” means the Secretary of the Majlis mentioned in section 14;


“Syariah Judge” or “Judge” means Judges of the Syariah High Court

appointed under subsection 43(1) but does not include a Judge of the

Syariah Subordinate Courts appointed under subsection 44(1);

“Syariah Prosecutor” means an officer appointed under

subsection 58(3);

“wakaf ‘am” means a dedication in perpetuity of the capital and

income of property for religious or charitable purposes recognized by

Islamic Law, and the property so dedicated;

“wakaf khas” means a dedication in perpetuity or for a limited period

of the capital of property for religious or charitable purposes

recognized by Islamic Law, and the property so dedicated, the income

of the property being paid to persons or for purposes prescribed in the

wakaf.

(2) All words and expressions used in this Act and not herein defined

but defined in the Interpretation Acts 1948 and 1967 [Act 388] shall

have the meaning thereby assigned to them respectively to the extent

that such meanings do not conflict with Islamic Law.

(3) For the avoidance of doubt as to the identity or interpretation of

the words and expressions used in this Act that are listed in the First

Schedule, reference may be made to the Arabic script for those words

and expressions as shown against them therein.

Saving of prerogative

3. Save as expressly provided in this Act, nothing contained therein

shall derogate from or affect the rights and powers of the Yang

di-Pertuan Agong as the Head of the religion of Islam in the Federal

Territories, as declared and set forth in the Federal Constitution.


PART II

THE MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN

Establishment of the Majlis

4. (1) There shall be a body to be known as the “Majlis Agama

Islam Wilayah Persekutuan” to advise the Yang di-Pertuan Agong in

matters relating to the religion of Islam.

(2) Upon the coming into force of this section, the “Majlis Agama

Islam Wilayah Persekutuan” existing by virtue of section 5 of the

Enactment shall be deemed to be the Majlis referred to in subsection (1).

Legal identity and powers of the Majlis

5. (1) The Majlis shall be a body corporate having perpetual

succession and a corporate seal, and the said seal may from time to

time be broken, changed, altered and made anew as to the Majlis seems

fit, and, until a seal is provided under this section, a stamp bearing the

inscription the “Majlis Agama Islam Wilayah Persekutuan” may be

used as the corporate seal.

(2) The Majlis may sue and be sued in its corporate name.

(3) The Majlis may enter into contracts and may acquire, purchase,

take, hold and enjoy movable and immovable property of every

description, and subject to any written law affecting the same may

convey, assign, surrender and yield up, charge, mortgage, demise,

reassign, transfer or otherwise dispose of, or deal with, any movable or

immovable property vested in the Majlis upon such terms as to the

Majlis seems fit and in accordance with Islamic Law.

(4) The Majlis shall have power to act as an executor of a will or as

an administrator of the estate of a deceased person or as a trustee of any

trust.

(5) The Majlis shall have such further powers and carry out such

duties as may by this or by any other Act assigned to it.


Committees

6. The Majlis may appoint committees to assist it in the performance

of its duties or the exercise of its powers.

Duty of the Majlis for socio-economic development of Muslims

7. (1) It shall be the duty of the Majlis to promote, stimulate,

facilitate and undertake the economic and social development and

well-being of the Muslim community in the Federal Territories

consistent with Islamic Law.

(2) The Majlis shall have power, for the purpose of the discharge of

its duty under subsection (1)—

(a) to carry on all activities, which will not involve any element which is not approved by the religion of Islam,

particularly the development of commercial and industrial

enterprises, the carrying on whereof appears to it to be

requisite, advantageous or convenient for or in connection

with the discharge of its said duty, including the

manufacturing, assembling, processing, packing, grading

and marketing of products;

(b) to promote the carrying on of any such activities by other bodies or persons, and for that purpose to establish or

expand, or promote the establishment or expansion of,

other bodies to carry on any such activities either under the

control or partial control of the Majlis or independently,

and to give assistance to such bodies or to other bodies or

persons appearing to the Majlis to have the facilities for the

carrying on of any such activities, including the giving of

financial assistance by way of loan or otherwise;

(c) to carry on any such activities in association with other bodies or persons, including the departments or authorities

of the Federal Government, or as managing agent or

otherwise on behalf of the Federal Government;


(d) to invest in any authorized investment as defined by the Trustee Act 1949 [Act 208], and to dispose of the same on

such terms and conditions as the Majlis may determine;

(e) subject to the approval of the Finance Minister, to establish any scheme for the granting of loans from the Fund to

Muslim individuals for higher learning;

(f) to establish and maintain Islamic schools, and Islamic training and research institutions; and

(g) to do all acts which the Majlis considers desirable or expedient.

Powers to establish corporations

8. (1) The Majlis may, with the approval of the Yang di-Pertuan

Agong, from time to time by order published in the Gazette, establish a

corporation by such name as the Majlis may think fit to carry out and

have the charge, conduct and management of any project, scheme or

enterprise which has been planned or undertaken by the Majlis in

execution of its duty or powers under section 7.

(2) The Majlis shall, with the approval of the Yang di-Pertuan

Agong, by the same or by a different order, make provisions in respect

of a corporation established under subsection (1) defining—

(a) the duties, powers, and rights of the corporation;

(b) the system of management of the corporation; and

(c) the relations between the corporation and the Majlis and its

right of control over the corporation.

(3) The provisions of the Second Schedule shall apply to a

corporation established by the Majlis under subsection (1).


Power to establish companies and validation of companies

established

8A. (1) The Majlis may, with the approval of the Yang di-Pertuan

Agong, establish companies under the Companies Act 1965 [Act 125]

to carry out any activity which has been planned or undertaken by the

Majlis in execution of its duty or powers under section 7.

(2) Every company established or purported to be established by

the Majlis under the Companies Act 1965 before the commencement

of this section shall be deemed to have been lawfully established and

shall continue to exist as if it had been established by the Majlis under

subsection (1).

(3) Any financing or financial assistance given by the Majlis under

subsection 7(2) to a company referred to in subsection (2) shall be

deemed to have been lawfully given.

Borrowing powers

9. (1) The Majlis may, with the approval of the Minister of Finance

and upon such terms and conditions as may be determined by him,

borrow such sums as it may require for discharging any of its functions

under this Act.

(2) Sums borrowed by virtue of this section shall be paid into the

Fund.

Membership of the Majlis

10. (1) The Majlis shall consist of the following members:

(a) a Chairman;

(b) a Deputy Chairman;

(c) the Chief Secretary to the Government or his

representative;


(d) the Attorney General or his representative;

(e) the Inspector-General of Police or his representative;

(f) the Mufti;

(g) the Commissioner of the City of Kuala Lumpur; and

(h) fifteen other members, at least five of whom shall be

persons learned in Islamic studies.

(2) The Chairman, Deputy Chairman, and the members under

paragraph (1)(h) shall be persons who are Muslims and shall be

appointed by the Yang di-Pertuan Agong on the advice of the Minister

for such term, not exceeding three years, as the Yang di-Pertuan

Agong may determine.

(3) A member whose term of office has expired may be

reappointed.

(4) If at any time the person holding the appointment mentioned in

paragraph (c), (d), (e) or (g) is not a Muslim, the Yang di-Pertuan

Agong on the advice of the Minister shall appoint another officer who

is a Muslim and next in seniority from the same Department or

Ministry to be a member in place of that person.

(5) The persons who, immediately before the coming into force of

this section, were the Chairman, Deputy Chairman, and appointed

members of the Majlis Agama Islam Wilayah Persekutuan shall,

subject to this Act, continue to be the Chairman, Deputy Chairman,

and members of the Majlis respectively until the expiry of their current

period of appointment.

Termination of appointments

11. The appointment of an appointed member of the Majlis shall

terminate—

(a) on his death;


(b) if he, by letter addressed to the Yang di-Pertuan Agong

through the Chairman, resigns his appointment; or

(c) if he has been absent from Malaysia, without the written

permission of the Chairman, for a period exceeding six

months.

Revocation of appointments

12. The Yang di-Pertuan Agong may, on the advice of the Minister,

revoke the appointment of any appointed member of the Majlis—

(a) if his conduct, whether in connection with his duties as a member or otherwise, has been such as to bring discredit on

the Majlis; or

(b) if he has become incapable of properly carrying out his duties as a member; or

(c) if, without any excuse which in the opinion of the Chairman is sufficient, he has been absent from three

successive meetings of the Majlis.

Appointments to be gazetted

13. All appointments and revocations of appointment under sections

10, 11 and 12 shall be published in the Gazette.

Secretary

14. (1) The Director of the Islamic Religious Department of the

Federal Territories shall be the Secretary of the Majlis.

(2) The Secretary shall be the chief executive and administrative

officer of the Majlis and shall be responsible for carrying out the

policies and resolutions of the Majlis.


(3) The Secretary shall be entitled to attend all meetings of the

Majlis and to participate in its deliberations, but shall not be entitled to

vote.

Attendance of non-members at meetings

15. (1) The Chairman may invite to any meeting of the Majlis any

person who is not a member of the Majlis, if the business before the

meeting renders the presence of such a person desirable.

(2) A person invited under subsection (1) shall be entitled to

participate in the deliberations of the Majlis, but shall not be entitled to

vote.

Presiding over meetings

16. (1) The Chairman, or in his absence the Deputy Chairman, shall

preside over all meetings of the Majlis.

(2) If the Chairman and the Deputy Chairman are absent from a

meeting, the members present shall elect one of their number to

preside over the meeting.

Quorum

17. No business, save that of adjournment, shall be transacted at a

meeting, and no resolution or action of the Majlis made or performed

at a meeting shall be valid, unless at least one-third of the members,

including the person presiding over the meeting, are present at the

meeting.

Conduct of business

18. (1) Except as otherwise expressly provided by this Act, all

business of the Majlis shall be conducted at a meeting thereof regularly


convened and shall be disposed of by resolution of the majority of the

members present and entitled to vote.

(2) A resolution in writing signed by all members of the Majlis

shall, unless in any special case or class of cases the Yang di-Pertuan

Agong otherwise directs, have the same effect as a resolution duly

passed under subsection (1).

Summoning of meetings

19. (1) All meetings of the Majlis shall be summoned by the

Secretary.

(2) The Chairman may at any time direct the Secretary to summon a

meeting.

(3) Any four members of the Majlis may at any time in writing

require the Secretary to summon a meeting of the Majlis on condition

that they inform the Secretary of the purpose for which they desire the

meeting to be summoned.

(4) The Secretary shall, within fourteen days of receipt of a

direction or requirement under subsection (2) or (3), or, if the

Chairman so directs, immediately upon receipt of such a direction or

requirement, summon a meeting.

(5) At least seven days’ notice in writing shall be given of any

meeting, but the Chairman may, if he considers that there is an urgent

need to summon a meeting at shorter notice, direct that the requirement

of seven days’ notice be dispensed with.

(6) Notice of a meeting may be sent by post to a member addressed

to his last-known place of residence and shall be deemed to have been

served in due course of post.

(7) No notice of meetings shall be necessary in the case of a

member who is for the time being outside Malaysia.


Powers of Chairman

20. The Chairman shall exercise control over all deliberations and

proceedings of the Majlis and shall be responsible for the proper and

orderly conduct thereof.

Duties and powers of Secretary

21. Subject to such directions as may be given to him by the

Chairman, the Secretary shall have charge of all correspondence and

documents of the Majlis and shall in all other respects carry out such

duties as may be imposed upon him by the Act or assigned to him by

the Chairman.

Minutes

22. (1) The Secretary shall keep minutes of all meetings of the

Majlis, and at every meeting the minutes of the previous meeting shall

be read and confirmed, subject to any amendment which may be

required.

(2) Such minutes shall be entered in the minute book of the Majlis

and shall include a full verbatim record of every resolution of the

Majlis.

(3) As soon as possible after every meeting of the Majlis a copy of

the draft minutes shall be sent to the Yang di-Pertuan Agong. If on

confirmation such draft minutes are amended, the Yang di-Pertuan

Agong shall forthwith be informed of the amendments made:

Provided that no decision referred to in any of the minutes of the

Majlis shall be acted upon until the Yang di-Pertuan Agong has in

writing signified his assent.

(4) Meetings of the Majlis shall be held with such regularity that not

more than three calendar months shall have elapsed between one

meeting and the next.


Order of business and voting

23. (1) The Chairman shall determine the order of business at

meetings.

(2) The Chairman may decide in what order members may address

the meeting and may at any time require any member to cease

addressing the meeting.

(3) If on any resolution there is an equality of votes the Chairman

shall have a casting vote.

Certified copies of resolutions

24. A copy of any resolution of the Majlis certified by the Secretary to

be a true copy of the resolution shall be sufficient evidence thereof,

and all courts shall take judicial notice of the signature of the

Secretary.

Leave

25. The Chairman, if he expects to be absent from Malaysia for more

than thirty days, shall apply for leave to the Yang di-Pertuan Agong

who may give such directions as he thinks fit.

Acting in emergency

26. (1) In any case of emergency the Chairman may, after

consultation with the Minister, do or direct to be done on behalf of the

Majlis any act or thing that may lawfully be done by resolution of the

Majlis.

(2) Where any act or thing is done pursuant to subsection (1), a

meeting of the Majlis shall be held within one week thereafter for the

purpose of ratifying and confirming the act or thing done, and if the

Majlis declines to ratify and confirm the act or thing done, the Yang


di-Pertuan Agong may give such directions with respect thereto as he

thinks fit.

Delegation of duties and powers

27. (1) The Majlis may, by resolution, and subject to such conditions

and restrictions as the Majlis thinks fit, delegate to the Chairman or the

Secretary or to any committee of the Majlis the performance of any of

its duties or the exercise of any of its powers.

(2) The performance of duties and the exercise of powers in

pursuance of a delegation under subsection (1) shall be subject to the

control and direction of the Majlis.

(3) The Chairman, Secretary, or committee shall inform the Majlis

of all acts and things done by him or it in pursuance of a delegation

under subsection (1).

Secrecy

28. The proceedings of the Majlis shall be kept secret and no member

or servant thereof shall disclose or divulge to any person, other than

the Yang di-Pertuan Agong or the Minister, and any member of the

majlis, any matter that has arisen at any meeting unless he is expressly

authorized by the Majlis.

Public servant

29. The members, officers and servants of the Majlis shall be deemed

to be public servants within the meaning of the Penal Code [Act 574].

Majlis may determine its own procedure

30. The Majlis may, subject to this Act, determine questions relating

to its own procedure and practice.


Authority of Majlis

31. The Majlis shall aid and advise the Yang di-Pertuan Agong in

respect of all matters relating to the religion of Islam within the Federal

Territories, except matters of Islamic Law and those relating to the

administration of justice, and in all such matters shall be the chief

authority in the Federal Territories after the Yang di-Pertuan Agong,

except where otherwise provided in this Act.

PART III

APPOINTMENT OF MUFTI, AUTHORITY IN

RELIGIOUS MATTERS AND THE ISLAMIC LEGAL

CONSULTATIVE COMMITTEE

Appointment of Mufti and Deputy Mufti

32. (1) The Yang di-Pertuan Agong may, on the advice of the

Minister, after consulting the Majlis, appoint fit and proper persons to

be the Mufti and the Deputy Mufti for the Federal Territories.

(2) Upon the commencement of this section, any person who,

immediately before the commencement, was the Mufti of the Federal

Territories appointed under the Enactment shall be deemed to have

been duly appointed under this section to be the Mufti of the Federal

Territories and shall hold office as such.

Authority of Mufti

33. The Mufti shall aid and advise the Yang di-Pertuan Agong in

respect of all matters of Islamic Law, and in all such matters shall be

the chief authority in the Federal Territories after the Yang di-Pertuan

Agong, except where otherwise provided in this Act.


Fatwa

34. (1) The Mufti shall, on the direction of the Yang di-Pertuan

Agong, and may, on his own initiative or on the request of any person

made by letter addressed to the Mufti, make and publish in the Gazette,

a fatwa or ruling on any unsettled or controversial question of or

relating to Islamic Law.

(2) No statement made by the Mufti shall be taken to be a fatwa

unless and until it is published in the Gazette pursuant to

subsection (1).

(3) Upon publication in the Gazette, a fatwa shall be binding on

every Muslim resident in the Federal Territories as a dictate of his

religion and it shall be his religious duty to abide by and uphold the

fatwa, unless he is permitted by Islamic Law to depart from the fatwa

in matters of personal observance, belief, or opinion.

(4) A fatwa shall be recognized by all Courts in the Federal

Territories as authoritative of all matters laid down therein.

Form of fatwa

35. (1) A fatwa shall cite that it is made pursuant to section 34.

(2) A fatwa shall be published in the national language in the Rumi

script, but a text of the fatwa in the Jawi script may also be published.

Amendment, modification or revocation of fatwa

36. (1) The Mufti may amend, modify or revoke any fatwa that has

been issued earlier by him or by any previous Mufti.

(2) An amendment, a modification or a revocation of a fatwa shall be

deemed to be a fatwa and the provisions of subsections 34(3) and (4) and

subsection 35(2) shall apply thereto.


(3) An amendment, a modification or a revocation of a fatwa shall

cite that it is made pursuant to subsection (1).

The Islamic Legal Consultative Committee

37. (1) There shall be a committee to be known as the Islamic Legal

Consultative Committee.

(2) The Committee shall consist of—

(a) the Mufti, as Chairman;

(b) the Deputy Mufti;

(c) two members of the Majlis nominated by the Majlis;

(d) not less than two fit and proper persons to be appointed by

the Majlis; and

(e) an officer of the Islamic Religious Department of the

Federal Territories to be appointed by the Majlis, who shall

be the Secretary.

(3) The persons who, immediately before the coming into force of

this section, were appointed members of the Legal Committee

established under section 40 of the Enactment shall, subject to this Act,

be deemed to have been nominated or appointed to be members of the

Islamic Legal Consultative Committee and shall continue to be

members until the expiry of their current period of appointment.

(4) Of the persons referred to in subsection (3), two who are

members of the Majlis shall be deemed to have been nominated under

paragraph (2)(c) and the rest shall be deemed to have been appointed

under paragraph (d) of that subsection.

(5) Whenever the Mufti proposes to make a fatwa under section 34

he shall call a meeting of the Committee for the purpose of discussing

the proposed fatwa.


(6) Before the Mufti makes a fatwa, he may cause such studies or

research to be conducted as he may direct and a working paper

prepared.

Request for opinion from the Mufti

38. Notwithstanding any written law to the contrary, the Mufti shall

not be liable to be summoned to any civil court or Syariah Court to

give opinion or evidence relating to Islamic Law, but if in any court

other than a Syariah Court any question of Islamic Law calls for a

decision, that court may request the opinion of the Mufti on the

question, and the Mufti may certify his opinion to the requesting court.

Authorities to be followed

39. (1) In issuing any fatwa under section 34, or certifying any

opinion under section 38, the Mufti shall ordinarily follow the

accepted views (qaul muktamad) of the Mazhab Syafie.

(2) If the Mufti considers that following the qaul muktamad of the

Mazhab Syafie will lead to a situation which is repugnant to public

interest, the Mufti may follow the qaul muktamad of the Mazhab

Hanafi, Maliki or Hanbali.

(3) If the Mufti considers that none of the qaul muktamad of the

four Mazhabs may be followed without leading to a situation which is

repugnant to public interest, the Mufti may then resolve the question

according to his own judgment without being bound by the qaul

muktamad of any of the four Mazhabs.


PART IV

SYARIAH COURTS

Constitution of Syariah Courts

40. (1) The Yang di-Pertuan Agong, on the advice of the Minister,

may by notification in the Gazette constitute Syariah Subordinate

Courts for the Federal Territories at such places as he considers fit.

(2) The Yang di-Pertuan Agong, on the advice of the Minister, may

by notification in the Gazette, constitute a Syariah High Court for the

Federal Territories.

(3) The Yang di-Pertuan Agong, on the advice of the Minister, may

by notification in the Gazette constitute a Syariah Appeal Court for the

Federal Territories.

Appointment of Chief Syariah Judge


Minister, after consultation with the Majlis, appoint a Chief Syariah

Judge.

(2) A person is qualified for appointment under subsection (1) if—

(a) he is a citizen; and

(b) he—

(i) has, for a period of not less than ten years preceding his appointment, been a Judge of a Syariah High

Court or a Kathi or a Registrar or a Syariah

Prosecutor of a State or sometimes one and

sometimes another; or

(ii) is a person learned in Islamic Law.


(3) The person who, immediately before the commencement of

this section, was holding the appointment of Kathi Besar under

subsection 43(1) of the Enactment and was performing judicial

functions shall, on the commencement of this section, continue to

hold office as the Chief Syariah Judge as if he had been appointed

under subsection (1).

(4) The appointment under this section shall be published in the

Gazette.

Appointment of Judges of the Syariah Appeal Court


Minister, after consultation with the Majlis, appoint for a period not

exceeding three years not more than seven Muslims to constitute a

standing panel of judges and the Chief Syariah Judge shall select two

from amongst them to form a quorum of judges in the Syariah Appeal

Court in respect of every hearing.

(2) The names of the seven members shall be published in the

Gazette.

Appointment of Judges of the Syariah High Court


Minister, after consultation with the Majlis, appoint Judges of the

Syariah High Court.

(2) A person is qualified for appointment under subsection (1) if—

(a) he is a citizen; and

(b) he—

(i) has, for a period of not less than ten years preceding his appointment, been a Judge of a Syariah

Subordinate Court or a Kathi or a Registrar or a


Syariah Prosecutor of a State or sometimes one and

sometimes another; or

(ii) he is a person learned in Islamic Law.

(3) The persons who, immediately before the commencement of

this section, were holding the appointment of Kathi under

subsection 43(1) of the Enactment and were performing judicial

functions shall, on the commencement of this section, continue to

hold office as Judges of the Syariah High Court as if they had been

appointed under subsection (1).

(4) All appointments under this section shall be published in the

Gazette.

Appointment of Judges of Syariah Subordinate Courts

44. (1) The Yang di-Pertuan Agong may, on the recommendation of

the Chief Syariah Judge, appoint from amongst members of the

general public service of the Federation Judges of the Syariah

Subordinate Courts.

(2) All appointments under subsection (1) shall be published in the

Gazette.

Registrars

45. The Yang di-Pertuan Agong may, on the advice of the Chief

Syariah Judge, appoint, from amongst members of the general public

service of the Federation, a Chief Registrar of the Syariah Appeal

Court, a Registrar of the Syariah High Court, and Assistant Registrars

of the Syariah Subordinate Courts.

Jurisdiction of Syariah High Court

46. (1) A Syariah High Court shall have jurisdiction throughout the

Federal Territories and shall be presided over by a Syariah Judge.


(2) A Syariah High Court shall—

(a) in its criminal jurisdiction, try any offence committed by a Muslim and punishable under the Enactment or the Islamic

Family Law (Federal Territories) Act 1984 [Act 303], or under

any other written law prescribing offences against precepts of

the religion of Islam for the time being in force, and may

impose any punishment provided therefor;

(b) in its civil jurisdiction, hear and determine all actions and proceedings in which all the parties are Muslims and which

relate to—

(i) betrothal, marriage, ruju’, divorce, nullity of marriage (fasakh), nusyuz, or judicial separation

(faraq) or other matters relating to the relationship

between husband and wife;

(ii) any disposition of, or claim to, property arising out of any of the matters set out in subparagraph (i);

(iii) the maintenance of dependants, legitimacy, or guardianship or custody (hadhanah) of infants;

(iv) the division of, or claims to, harta sepencarian;

(v) wills or death-bed gifts (marad-al-maut) of a deceased Muslim;

(vi) gifts inter vivos, or settlements made without adequate consideration in money or money’s worth,

by a Muslim;

(vii) wakaf or nazr;

(viii) division and inheritance of testate or intestate property;


(ix) the determination of the persons entitled to share in

the estate of a deceased Muslim or of the shares to

which such persons are respectively entitled; or

(x) other matters in respect of which jurisdiction is

conferred by any written law.

Jurisdiction of Syariah Subordinate Court

47. (1) A Syariah Subordinate Court shall have jurisdiction

throughout the Federal Territories and shall be presided over by a

Judge of the Syariah Subordinate Court.

(2) The Syariah Subordinate Court shall—

(a) in its criminal jurisdiction, try any offence committed by a Muslim under the Enactment or any other written law

prescribing offences against precepts of the religion of Islam

for which the maximum punishment provided by the

Enactment or such written law does not exceed two thousand

ringgit or imprisonment for a term of one year or to both, and

may impose any punishment provided therefor;

(b) in its civil jurisdiction, hear and determine all such actions and proceedings as the Syariah High Court is authorized to hear

and determine in which the amount or value of the

subject-matter in dispute does not exceed fifty thousand ringgit

or is not capable of estimation in terms of money.

(3) The Yang di-Pertuan Agong may from time to time by

notification in the Gazette extend the civil jurisdiction of the Syariah

Subordinate Court.

Appeal to Syariah High Court

48. (1) An appeal shall lie to the Syariah High Court from any

decision of a Syariah Subordinate Court—


(a) in its criminal jurisdiction, by the prosecution or by a person convicted, and such appeal may be against an

acquittal, conviction or sentence or any of them;

(b) in its civil jurisdiction—

(i) by any person aggrieved by the decision, if the amount claimed is not less than one thousand

ringgit;

(ii) in all cases involving any decision as to personal status, by any person aggrieved by the decision;

(iii) in all cases relating to maintenance of dependants, by any person aggrieved by the decision,

but no appeal shall lie against a decision made by

consent; and

(c) in any other case, if the Syariah High Court gives leave to appeal.

(2) On any appeal, the Syariah High Court may—

(a) in a criminal matter, dismiss the appeal, convict and sentence the appellant, order the trial Court to call for the

defence or make further inquiry, enhance or alter the nature

of the sentence, order a retrial, or alter or reverse any order

of the trial Court;

(b) in a civil matter, confirm, reverse or vary the decision of the trial Court, exercise any such powers as the trial Court

could have exercised, make such order as the trial Court

ought to have made, or order a retrial.

Application for leave to appeal

49. (1) An appeal or application for leave to appeal under

paragraph 48(1)(c) shall be made to the Syariah High Court in such


manner as may be prescribed, but in any event within fourteen days

from the date of the judgment, order or decision in respect of which

the application is made or, in the event that the applicant was not at

that date aware thereof and could not by the exercise of reasonable

diligence have been so aware, within fourteen days from the date

such judgment, order, or decision came to his knowledge.

(2) The Syariah High Court, on hearing any application for leave to

appeal, may on special ground extend the time for appealing,

notwithstanding that it may have expired.

Inheritance certificates

50. If in the course of any proceedings relating to the administration

or distribution of the estate of a deceased Muslim, any court or

authority, other than the Syariah High Court or a Syariah Subordinate

Court, is under the duty to determine the persons entitled to share in the

estate, or the shares to which such persons are respectively entitled, the

Syariah Court may, on the request of such court or authority, or on the

application of any person claiming to be a beneficiary or his

representative and on payment by him of the prescribed fee, certify the

facts found by it and its opinion as to the persons who are entitled to

share in the estate and as to the shares to which they are respectively

entitled.

Supervisory and revisionary jurisdiction of the Syariah High

Court

51. (1) The Syariah High Court shall have supervisory and

revisionary jurisdiction over all Syariah Subordinate Courts and may,

if it appears desirable in the interest of justice, either of its own motion

or at the instance of any party or person interested, at any stage in any

matter or proceedings, whether civil or criminal, in any Syariah

Subordinate Court, call for and examine any records thereof and may

give such directions as justice may require.

(2) Whenever the Syariah High Court calls for the records under

subsection (1), all proceedings in the Syariah Subordinate Court on the


matter or proceedings in question shall be stayed pending further order

of the Syariah High Court.

Jurisdiction of Syariah Appeal Court

52. (1) The Syariah Appeal Court shall have jurisdiction to hear and

determine any appeal against any decision made by the Syariah High

Court in the exercise of its original jurisdiction.

(2) When an appeal from a decision of a Syariah Subordinate Court

has been determined by the Syariah High Court, the Syariah Appeal

Court may on the application of any party grant leave for the

determination by itself of any question of law of public interest which

has arisen in the course of the appeal and the determination of which

by the Syariah High Court has affected the result of the appeal.

(3) When leave has been granted by the Syariah Appeal Court it

shall hear and determine the question allowed to be referred for its

determination and make such order as the Syariah High Court might

have made and as it considers just for the disposal of the appeal.

Supervisory and revisionary jurisdiction of the Syariah Appeal

Court

53. (1) The Syariah Appeal Court shall have supervisory and

revisionary jurisdiction over the Syariah High Court and may, if it

appears desirable in the interest of justice, either of its own motion or

at the instance of any party or person interested, at any stage in any

matter or proceedings, whether civil or criminal, in the Syariah High

Court, call for and examine any records thereof and may give such

directions as justice may require.

(2) Whenever the Syariah Appeal Court calls for the records under

subsection (1), all proceedings in the Syariah High Court on the matter

or proceedings in question shall be stayed pending further order of the

Syariah Appeal Court.


Composition of the Syariah Appeal Court

54. (1) An appeal in the Syariah Appeal Court shall be heard and

disposed of by a chairman and such two Judges of the Syariah Appeal

Court as the Chief Syariah Judge may determine.

(2) Notwithstanding section 42 of this Act, the Chief Syariah Judge

may appoint any Judge of the Syariah High Court to be a member of

the Syariah Appeal Court for any particular proceedings if the Chief

Syariah Judge considers it desirable to do so.

(3) The Chief Syariah Judge shall be the chairman for every

proceedings of the Syariah Appeal Court, and in the event he is unable

to act, the Chief Syariah Judge shall appoint the most senior of the

Judges of the Syariah Appeal Court to be chairman.

Decision by majority

55. The appeal shall be decided in accordance with the opinion of the

majority of the members of the Syariah Appeal Court.

Continuation of proceedings in Syariah Appeal Court

notwithstanding absence of Judge

56. (1) If, in the course of any proceedings in an appeal or at any

time before delivery of the judgment, any Judge of the Syariah Appeal

Court hearing the proceedings is unable, through illness or any other

cause, to attend and complete the proceeding or otherwise exercise his

function as a Judge of that Court, then, if both parties consent, the

hearing shall continue and judgment or reserved judgment, as the case

may be, shall be given by the remaining two Judges of the Court, and

for the purposes of the appeal the Court shall be deemed to have been

properly constituted.

(2) In any such case as is mentioned in subsection (1), if there is no

unanimous decision, the appeal shall be reheard.


(3) If under subsection (1) both parties do not give their consent, or

more than one Judge are unable, through illness or any other cause, to

attend and complete the proceeding or otherwise exercise their

functions as Judges of that Court, the appeal shall be reheard.

Appeal rules

57. The Chief Syariah Judge may make rules on the procedure for

appeals and applications for leave to appeal.

PART V

PROSECUTION AND REPRESENTATION

Appointment of Syariah Prosecutors and Religious Enforcement

Officers


Minister, appoint a person, who is qualified to be a Judge of the

Syariah High Court, to be the Chief Syariah Prosecutor.

(2) The Chief Syariah Prosecutor shall have power exercisable at

his discretion to institute, conduct or discontinue any proceedings for

an offence before a Syariah Court.

(3) The Chief Syariah Prosecutor may appoint fit and proper

persons from among the members of the general public service of the

Federation to be the Syariah Prosecutors who shall act under the

general control and direction of the Chief Syariah Prosecutor and may

exercise all or any of the rights and powers vested in or exercisable by

the Chief Syariah Prosecutor personally.

(4) The Majlis may appoint from among the members of the general

public service of the Federation a Chief Religious Enforcement Officer

and Religious Enforcement Officers to carry out the investigation of

offences under this Act or under any other written law prescribing

offences against precepts of the religion of Islam.


Peguam Syarie

59. (1) Subject to subsection (2), the Majlis may admit any person

having sufficient knowledge of Islamic Law to be Peguam Syarie to

represent parties in any proceedings before the Syariah Court.

(2) The Majlis may, with the approval of the Yang di-Pertuan

Agong, make rules—

(a) to provide for the procedure, qualifications and fees for the admission of Peguam Syarie; and

(b) to regulate, control and supervise the conduct of Peguam Syarie.

(3) Notwithstanding subsection (1), the Majlis may exempt any

member of the Judicial and Legal Service of the Federation or any

person appointed under section 3 of the Legal Aid Act 1971 [Act 26]

from the provisions of this section.

(4) Notwithstanding anything contained in any other written law,

no person other than a Peguam Syarie or a person exempted under

subsection (3), shall be entitled to appear in any Syariah Court on

behalf of any party to any proceedings before it.

PART VI

FINANCIAL

Charitable Trusts

Establishment of Baitulmal

60. (1) A Fund to be known as Baitulmal is hereby established. The

Fund shall consist of all moneys and properties, movable or

immovable, which by Islamic Law or under the provisions of this Act

or rules made thereunder, accrue, or which are contributed by any

person, to the Fund.


(2) All moneys and properties in the Fund shall be vested in the

Majlis which shall administer all such moneys and properties in

accordance with rules made under this Act:

Provided that any investments of assets and funds vested in the

Majlis may be sold, realized and disposed of, and the proceeds thereof

may be invested from time to time in any investments authorized by

any written law for the time being in force for the investment of trust

funds.

(3) Subject to the provisions of this Act, the Majlis, with the

approval of the Yang di-Pertuan Agong, may make rules for the

collection, administration and distribution of all properties of the Fund.

Wakaf and nazr

61. Notwithstanding any provision to the contrary contained in any

instrument or declaration creating, governing or affecting the same, the

Majlis shall be the sole trustee of all wakaf, whether wakaf ‘am or

wakaf khas, of all nazr ‘am, and of all trusts of every description

creating any charitable trust for the support and promotion of the

Muslim religion or for the benefit of Muslims in accordance with

Islamic Law, to the extent of any property affected thereby and

situated in the Federal Territories and, where the settlor or other person

creating the trust, wakaf or nazr ‘am was domiciled in the Federal

Territories, to the extent of all properties affected thereby wherever

situated.

Vesting

62. (1) All properties subject to the provisions of section 61 and

situated in the Federal Territories shall without any conveyance,

assignment or transfer whatsoever, and, in the case of immovable

property, upon registration under the relevant written laws relating to

land, vest in the Majlis, for the purposes of the trust, wakaf or nazr ‘am

affecting the same.


(2) The Majlis shall take all necessary steps to vest in itself for the

like purposes any such property situated elsewhere than in the Federal

Territories.

Restrictions on creation of charitable trusts

63. (1) Whether or not made by way of will or death-bed gift, no

wakaf or nazr made after the commencement of this Act and involving

more than one-third of the property of the person making the same

shall be valid in respect of the excess beyond such one-third.

(2) Every wakaf khas or nazr made after the commencement of this

Act shall be null and void unless—

(a) the Yang di-Pertuan Agong, on the advice of the Majlis, has expressly sanctioned and validated the same; or

(b) it was made during a serious illness from which the maker subsequently died and was made in writing by an

instrument executed by him and witnessed by two adult

Muslims living in the same kariah masjid as the maker.

(3) This section shall not operate to render valid any will, death-bed

gift, wakaf or nazr which is invalid under the provisions of Islamic

Law.

Income of wakaf and nazr

64. (1) The income of a wakaf khas, if received by the Majlis, shall

be applied by it in accordance with the lawful provisions of such wakaf

khas.

(2) The income of every other wakaf and of every nazr ‘am shall be

paid to and form part of the Fund.


Capital of wakaf and nazr ‘am

65. (1) Subject to subsections (2) and (3), the capital property and

assets affected by any lawful wakaf or nazr ‘am shall not form part of

the Fund, but shall be applied in pursuance of such wakaf or nazr ‘am

and held as segregated funds.

(2) If due to lapse of time or change of circumstances it is no longer

possible beneficially to carry out the exact provisions of any wakaf or

nazr ‘am, the Majlis shall prepare a scheme for the application of the

property and assets affected thereby in a manner as closely as may be

analogous to that required by the terms of such wakaf or nazr ‘am, and

shall apply the same accordingly:

Provided that the Majlis may, with the approval in writing of the

Yang di-Pertuan Agong, direct that such property and assets shall be

added to and form part of the Fund.

(3) If the terms of any wakaf or nazr ‘am are such that no method of

application of the capital property and assets affected thereby is

specified, or it is uncertain in what manner the same should be applied,

the Majlis may direct that such capital property and assets shall be

added to and form part of the Fund.

(4) All instruments creating, evidencing or affecting any wakaf or

nazr ‘am, together with any documents of title or other securities

relating thereto, shall be held and retained by the Majlis.

Construction of instruments

66. If in the opinion of the Majlis the meaning or effect of any

instrument or declaration creating or affecting any wakaf or nazr is

obscure or uncertain, the Majlis may refer the same to the Mufti for his

opinion as to the meaning or effect thereof, and shall act on any

opinion so given by the Mufti.


Accounts and annual reports

67. The provisions of the Statutory Bodies (Accounts and Annual

Reports) Act 1980 [Act 240] shall apply to the Majlis and to any

corporation established under this Act.

Wakaf and nazr property

68. As soon as possible after 31st at December in every year the

Majlis shall prepare, issue and publish in the Gazette a list of all

properties, investments and assets vested in the Majlis subject to any

trust, wakaf or nazr, and not forming part of the Fund.

Estimates

69. (1) The Majlis shall prepare and submit to the Yang di-Pertuan

Agong not later than 31st at day of October in each year estimates of

all income and expenditure of the Majlis, including therein estimates

of all property receivable and disposable in kind, in respect of the

ensuing year. The Yang di-Pertuan Agong, on the advice of the

Minister, may approve such estimates or may direct that the same be

amended. Upon such approval or amendment the said estimates shall

be published in the Gazette.

(2) The Majlis may at any time submit to the Yang di-Pertuan

Agong supplementary estimates of expenditure in respect of the

current year, or, at any time prior to 31st March in any year, in respect

of the preceding year, and the same may be approved or amended, and

shall be published, in like manner.

(3) No moneys shall be expended, or property disposed of in kind,

save in accordance with such estimates as aforesaid and upon a

voucher signed by the Chairman or any officer of the Majlis or any

other officer authorized by the Chairman.


Expenses of the Majlis

70. All costs, charges and expenses of administering the property and

assets vested in the Majlis, including the cost of maintenance and

repair of any immovable property, the salaries and allowances of all

servants of the Majlis, and the fees and allowances payable to any

officer or member of the Majlis in respect of his services as such, shall

be paid out of the property and assets of the Fund.

Banks

71. (1) The Majlis shall appoint any bank which is suitable and may

operate such account or accounts as may seem proper.

(2) Payments by the Majlis of amounts exceeding fifty ringgit shall

be made by cheque. All moneys received by or for the Majlis shall be

paid into a bank account of the Majlis in the manner provided in the

Financial Procedure of the Majlis.

(3) Cheques drawn on any bank account of the Majlis shall be

signed by the Chairman or by any member or officer of the Majlis or

any other officer authorized by the Chairman.

PART VII

MOSQUES

Trusteeship of mosques and related lands

72. Notwithstanding any provision to the contrary in any written

instrument, the Majlis shall be the trustee of all mosques in the Federal

Territories; and every mosque, together with the land on which it

stands and any land which is appurtenant to and used for the purposes

of the mosque, other than Government land or land reserved for a

public purpose, shall, upon registration under the relevant written laws

relating to land, and without any conveyance, assignment, or transfer,

vest in the Majlis for the purposes of this Act.


Restriction on establishment of mosques

73. (1) No person shall, without permission in writing of the Majlis,

erect any building to be used as a mosque, or otherwise apply any

building for the purposes of a mosque, or cause or permit any building

to be used as a mosque.

(2) The Majlis shall not give its permission under subsection (1)

unless the site of the building for the proposed mosque has been made

a wakaf in perpetuity.

Maintenance of mosques and compounds

74. (1) The Majlis shall ensure that all mosques in the Federal

Territories are kept in a proper state of repair and that the compounds

thereof are maintained in a proper state of cleanliness; and the Majlis

may raise and apply, or authorize the raising and application of, special

funds for the purpose of such repairs and maintenance, or may defray

the cost of such repairs and maintenance from the Fund.

(2) The Naqib Masjid or Imam shall promptly inform the Majlis of

any want of repair in his mosque, and shall inspect or supervise any

repairs as agent for and on behalf of the Majlis.

(3) No material alteration to the structure of a mosque shall be made

without the permission in writing of the Majlis.

(4) The Majlis may direct a jawatankuasa kariah to keep the

mosque for which it is responsible in a proper state of repair.

Boundaries of kariah masjid

75. The Majlis may at any time by notification in the Gazette

determine, amend, or alter the boundaries of any kariah masjid.


Appointment of the Pegawai Masjid

76. (1) For every mosque in the Federal Territories there shall be

appointed a Naqib Masjid, an Imam, an Imam Ratib, a Bilal, and a

Pembantu Bilal.

(2) The posts of Naqib Masjid, Imam, and Bilal shall be posts in the

general public service of the Federation.

(3) The Naqib Masjid, Imam, and Bilal shall be appointed by the

Majlis from amongst persons serving in the Religious Administrative

service.

(4) The Imam Ratib and Pembantu Bilal shall be appointed by the

Majlis, on the advice of the Islamic Legal Consultative Committee,

from amongst the anak kariah.

(5) Upon the commencement of this section, every person who,

immediately before that commencement, was the Imam or Bilal of a

mosque appointed under the Enactment shall be deemed to have been

duly appointed under this section to be the Imam or Bilal respectively

of the mosque and shall, subject to section 78 continue to hold office as

such.

Tauliah

77. (1) Every person appointed by the Majlis to be a Pegawai

Masjid, including every person deemed to have been so appointed

under subsection 76(5) shall be given a tauliah by the Majlis.

(2) Every Pegawai Masjid shall have such powers and duties as

may be set out in their respective tauliah.

Tenure of office of Pegawai Masjid

78. (1) The appointment of a Pegawai Masjid may be terminated

with a notice from the Majlis.


(2) No Imam Ratib and Pembantu Bilal shall remain in office after

reaching the age of sixty years.

(3) It shall be the duty of the Secretary to bring to the notice of the

Majlis any disgraceful conduct on the part of any Pegawai Masjid

whether in relation to his duties as such or otherwise and to make any

reasonable recommendations.

Control and direction over Pegawai Masjid

79. In the performance of their duties, the Imam, Imam Ratib, Bilal

and Pembantu Bilal shall be subject to the control and direction of the

Naqib Masjid.

Abolition of office of Nazir

80. Upon the commencement of section 76, the office of Nazir of a

mosque shall cease to exist.

The Jawatankuasa Kariah

81. (1) The Majlis may, with the approval of the Yang di-Pertuan

Agong, make rules for—

(a) the establishment of a jawatankuasa kariah;

(b) prescribing the manner in which the members of the jawatankuasa kariah shall be appointed; and

(c) prescribing the functions of the jawatankuasa kariah.

(2) The jawatankuasa kariah, in conjunction with the Pegawai

Masjid, shall—

(a) be responsible for the proper conduct and good order of the mosque and all Muslim burial grounds within its kariah;


(b) be responsible for the good conduct of the anak kariah in matters relating to the religion of Islam; and

(c) give due and prompt information to the Majlis of all matters arising in the kariah that require the attention of the

Majlis.

Exemption

82. (1) The Majlis may, by notification in the Gazette, exempt any

mosque from all or any of the provisions of this Part.

(2) The provisions of this Part, except section 72, shall not apply to

the Masjid Negara.

Power to amend Third Schedule

83. The Majlis may, from time to time, amend the Third Schedule by

notification in the Gazette.

PART VIII

CHARITABLE COLLECTIONS

Charitable collections

84. (1) The Majlis may collect, or grant an authorization letter with

such terms as it thinks fit to any person or body of persons authorizing

him or them to collect moneys or other contributions for any charitable

purpose for the support and promotion of the religion of Islam or for

the benefit of Muslims in accordance with Islamic Law.

(2) It shall be deemed to be a term of every such authorization letter

that the grantee thereof and every other person authorized thereby to

collect moneys or other contribution shall—


(a) issue in respect of every sum so collected a serially numbered receipt in the prescribed form;

(b) keep true and full accounts of all sums so collected and of the disposal thereof with all proper vouchers;

(c) produce on demand the counterfoils of such receipts and all such accounts and vouchers for inspection and audit by the

Majlis;

(d) apply and dispose of all sums so collected in accordance with the terms of such authorization letter or, if no method

of disposal thereof be thereby expressly authorized, pay

and account for the same to the Baitulmal.

(3) Moneys collected in pursuance of this section may be applied

for any purpose specified by the Majlis, and if there is no such purpose

so specified, shall form part of the Fund.

(4) No person shall make or take part in any collection of money for

any such purpose as aforesaid except with the express authority of the

Majlis or by virtue of an authorization letter under subsection (1).

(5) Any person who contravenes subsection (4) shall be guilty of an

offence and shall be liable on conviction to imprisonment for a term

not exceeding six months or to a fine not exceeding one thousand

ringgit or to both.

PART IX

CONVERSION TO ISLAM

Requirements for conversion

85. (1) The following requirements shall be complied with for a

valid conversion of a person to Islam:

(a) the person must utter in reasonably intelligible Arabic the two clauses of the Affirmation of Faith;


(b) at the time of uttering the two clauses of the Affirmation of Faith the person must be aware that they mean “I bear

witness that there is no god but Allah and I bear witness

that the Prophet Muhammad S.A.W. is the Messenger of

Allah”; and

(c) the utterance must be made of the person’s own free will.

(2) A person who is incapable of speech may, for the purpose of

fulfilling the requirement of paragraph (1)(a), utter the two clauses of

the Affirmation of Faith by means of signs that convey the meaning

specified in paragraph (b) of that subsection.

Moment of conversion

86. A person is converted to Islam and becomes a Muslim as soon as

he finishes uttering the two clauses of the Affirmation of Faith

provided that the requirements of section 85 are fulfilled, and that

person shall then be referred to as a muallaf.

Duties and obligations of a muallaf

87. From the moment of his conversion, a muallaf becomes subject to

the same duties and obligations as any other Muslim.

Registrar and Register of Muallafs

88. A Registrar of Muallafs shall be appointed by the Majlis to

maintain a Register of Muallafs in the prescribed form for the

registration of muallafs.

Registration of Muallafs

89. (1) A person who has converted to Islam may apply to the

Registrar in the prescribed form for registration as a muallaf.


(2) If the Registrar is satisfied that the requirements of section 85

have been fulfilled in respect of the person, the Registrar may register

his conversion by entering in the Register of Muallafs the name of the

person and other particulars as indicated in the Register.

(3) The Registrar shall also determine the date of conversion and

enter the date in the Register of Muallafs.

(4) In order to satisfy himself of the fact and date of conversion, and

the other particulars to be entered in the Register of Muallafs, the

Register may make such inquiries and call for such evidence as he

considers necessary, but this subsection shall not be construed as

precluding the Registrar from relying solely on the word of the

applicant for conversion as far as the fact and date of conversion are

concerned.

(5) If the Registrar is not satisfied that the requirements of

section 85 have been fulfilled in respect of the applicant for

conversion, he may permit the applicant to utter, in his presence or

in the presence of any of his officers, the two clauses of the

Affirmation of Faith in accordance with the requirements of that

section.

Certificate of Conversion

90. (1) The Registrar shall furnish every person whose conversion

has been registered with a Certificate of Conversion in the prescribed

form.

(2) A Certificate of Conversion shall be conclusive proof of the

facts stated therein.

Recognition of muallafs as Muslims

91. (1) A person who has converted to Islam and has been registered

in the Register of Muallafs shall, for the purposes of any Federal or

State law, and for all time, be treated as a Muslim.


(2) A person whose conversion to Islam has been registered under

any law of any State shall, for all purposes in the Federal Territories

and for the purposes of implementing in the Federal Territories the

provisions of any law, be treated as a Muslim.

Determining whether non-registered person is a muallaf

92. If any question arises within the Federal Territories as to whether

a person is a muallaf, and the person is not registered in the Register of

Muallafs or under any law of any State as a muallaf, that question shall

be decided on the merits of the case in accordance with section 85.

Offence of giving false information

93. Any person who, in an application for registration under

section 89 or in response to any request for information or

evidence made by the Registrar under that section, willfully

furnishes the Registrar with any false or misleading information or

evidence shall be guilty of an offence and shall be liable on

conviction to a fine not exceeding one thousand ringgit or to

imprisonment for a term not exceeding six months or to both.

Power to make rules

94. The Majlis may make rules for the carrying into effect of the

provisions of this Part.

Capacity to convert into Islam

95. For the purpose of this Part, a person who is not a Muslim may

convert into Islam if he is of sound mind and—

(a) has attained the age of eighteen years; or

(b) if he has not attained the age of eighteen years, his parent or guardian consents to his conversion.


PART X

RELIGIOUS EDUCATION

The Religious Teaching Supervisory Committee

96. (1) The Majlis shall appoint a committee to be known as the

Religious Teaching Supervisory Committee, which shall consist of—

(a) a Chairman; and

(b) not less than three persons with appropriate experience, knowledge and expertise.

(2) The Secretary of the Majlis shall be the Secretary to the

committee and shall be responsible for implementing the decisions of

the committee.

(3) The committee shall have power to grant a tauliah for the

purpose of teaching on any aspect of the religion of Islam and to

withdraw such tauliah.

(4) The Majlis, with the approval of the Minister, may make rules

providing for—

(a) the procedure, requirements and other matters relating to the granting of a tauliah under this section, including the

fees chargeable;

(b) the procedure of the committee;

(c) the allowances payable to members of the committee.

Religious School

97. The Majlis shall have power to register Islamic Religious schools

in the Federal Territories.


Exemption

98. The Majlis may exempt any person or class of persons from any

provision of this Part.

PART XI

GENERAL

Rules

99. The Yang di-Pertuan Agong may, on the advice of the Majlis,

make rules, which shall be published in the Gazette, for carrying out

the provisions of this Act, and in particular, but without prejudice to

the generality of the foregoing, such rules may provide for—

(a) the procedure of the Majlis, the form of and method of executing instruments by the Majlis, and the appointment

of subordinate officers of the Majlis;

(b) the fees to be paid in respect of any act or thing done under or in pursuance of this Act, and the method of collecting

and disposing of such fees;

(c) the appointment of committees of the Majlis and their powers, duties, and procedure;

(d) the forms, registers, books of account, reports, accounts, estimates, and other documents to be used in respect of any

act or thing done under or in pursuance of this Act;

(e) the conduct of any charitable collection and the disposal of the proceeds thereof;

(f) the conduct of any mosque or surau or burial ground and all matters relating thereto;

(g) the powers and duties of any Pegawai Masjid;


(h) the determination and publication of kariah masjid boundaries;

(i) the care and instruction of muallafs, and the method of registering muallafs; and

(j) the administration of Islamic schools and activities relating to religious teaching.

Saving of rules and appointments

100. All rules, proclamations, orders, notices, forms, authorization

letters and appointments issued or made under or by virtue of any

written law repealed by this Act shall remain in force, so far as they are

not inconsistent with the provisions of, this Act, until revoked or

replaced by rules, proclamations, orders, notices, forms, authorization

letters or appointments issued or made under the provisions of this Act.

Transitional

101. On the coming into force of this Act all the powers of the Court

of the Chief Kathi or the Courts of a Kathi constituted under section 44

of the Enactment shall be taken over or exercised by the Courts

constituted under section 40 and any reference to the Court of the

Chief Kathi shall be deemed to be a reference to the Court constituted

under subsection 40(2).

Amendment of sections 165 and 166 of the Enactment

102. (1) Section 165 of the Enactment in its application to the Federal

Territories is amended by substituting for the words “112 of this

Enactment, erects any mosque, or dedicates or otherwise applies any

existing building as or for the purposes of a mosque”, the words “73 of

the Administration of Islamic Law (Federal Territories) Act 1993,

erects any building to be used as a mosque, or otherwise applies any

building for the purposes of a mosque, or causes or permits any

building to be used as a mosque”.


(2) Section 166 of the Enactment is amended by inserting, after the

word “Kathi”, the words “or a tauliah granted under subsection 96(3)

of the Administration of Islamic Law (Federal Territories) Act 1993”.

Cessation of application of the Enactment

103. Parts I, II, III, IV, V, VIII, and X (except sections 52 to 93 and

107 to l09) of the Enactment shall cease to apply to the Federal

Territories.


FIRST SCHEDULE

[Subsection 2(3)]

ARABIC SCRIPT FOR CERTAIN WORDS AND EXPRESSIONS

Faraq —

Fasakh —

Fatwa —

Hadith —

Hukum Syarak —

Kariah —

Nass —

Naqib —

Nazr —

Qaul muktamad —

Quran —

Ratib —

Syariah

—


SECOND SCHEDULE

[Subsection 8(3)]

Saving

1. Nothing in section 8 shall be deemed to authorize the Majlis to make an order to

establish any corporation having any duty, power or right which is not within the

duties, powers or rights of the Majlis under this Act.

Binding effect of orders

2. Subject to the provisions of this Act, any order made under section 8 shall be

binding on the corporation in respect of which it was made and shall have effect for

all purposes as if it had been enacted in this Act.

Amendment of, etc., of orders

3. The Majlis may, with the approval of the Yang di-Pertuan Agong, at any time

amend, revoke or add to any order made in respect of any corporation under

section 8.

Register of corporations

4. The Majlis shall keep a register of all corporations established by it under section 8

and such register together with copies of all orders made under that section shall be

open to public inspection at such place or places and at such times as it may

prescribe.

Winding up

5. (1) The Majlis may, with the approval of the Yang di-Pertuan Agong, by order

published in the Gazette, direct that any corporation established by it shall be wound

up and dissolved.

(2) Upon the dissolution of any corporation under this paragraph, the assets of the

corporation after payment of all liabilities shall be transferred to and be vested in the

Majlis.

(3) The winding up of a corporation under this paragraph shall be conducted in

such manner as the Majlis may prescribe.

Corporation to be bodies corporate

6. Every corporation established under section 8 shall be a body corporate by such

name as the Majlis shall give to it and shall have perpetual succession and a common

LAWS OF MALAYSIA · 2020. 9. 29. · Peguam Syarie . 6 Laws of Malaysia A KTA 505 P ART VI...

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Transcript of LAWS OF MALAYSIA · 2020. 9. 29. · Peguam Syarie . 6 Laws of Malaysia A KTA 505 P ART VI...